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07/09/1979 - 00013779� THE MINUTES OF THE REGULAR MEETING OF THE FRIDLEY CITY COUNCIL OF JULY 9, 1979 The Regular Meeting of the Fridley City Council was called to order at 7:35 P.h�. by Mayor Nee. PLEDGE OF ALLEGIANCE Mayor Nee led the Council and audience in the Pledge of Allegtance to the Flag. ROLL CALL: MEMBERS PRESENT MEh16ERS ABSENT APPROVAL OF hiINUTES• Mayor Nee, Councilman Fitzpatrick, Councilwoman Moses, Councilman Schneider and Councilman Barnette None REGULAR MEETIfJG, �UNE 18, 1979: MDTION by Counc�lman Schneider to approve the minutes of Seconded by Counc�lwoman Moses. Upon a voice vote, all declared the motion carried unanimously. ADOPTION OF AGEN�A: , June 18, 1979 as presented. voting aye, Mayor Nee Councilman Schneider requested an item be added as follows: "Rece�ving Letter from Mr. Bob Bryant, 5421 7th Street, Fridley, MN 55432, Regarding a Complaint Agatnst General Television." MOTIDN by Councilman Fitzpatrick to adopt the agenda as amended. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Playor Nee declared the motion carried unanimously. OPEN FORUM, VISITORS: Mr. Bryant, 5421 7th Street, appeared before the Council regarding his problem with General Television. He stated he has been in contact with Councilman Schneider regarding th�s matter and was advised it would be processed through the proper channels. He stated, however, if the Council had any questions he would be happy to answer them. Councilman Barnette questioned what Mr. Bryant's problem was. Mr. Bryant stated he connected with cable television approximately four years ago when he moved to Fridley. He stated he en,7oyed the HBO service and, therefore, had the full serv�ce installed approximately 90 days ago. He stated, after trying this service, he found it was not worthwhile and called to have it dis- connected. He stated he was talked out of this by General Television as they expla�ned they were having new equipment coming in to provide better service, etc. He stated he then continued with the service for another 45 days and there was no increase in service, except the directory service. Mr. Bryant stated his quarrel is that he cannot dtsconnect from this service and was not informed of th�s or else he wouldn't have signed up for f��ll ser�ice. Mr. Bryant felt he should be allowed to continue with the HBO service only. Mayor Nee felt that General Television is caught in the middle as it has been the City's view not to permit them to sell HBO service only and this was never permitted under the franchise. He felt the best way to proceed is through the Cable Telev�sion Commission to see if this matter can be handled so it is cons�stent w�th the franch�se. Mr. John Eddy of General Televis�on stated that Mr. Bryant has summed up the problem and hoped the Commission could correct this problem. He felt probably the best way to proceed is with consultation with the Commission �n trying to get the matter resolved. ' 1 REGULAR MEETING OF �ULI' 9, 1979 PAGE 2 Mr. Bryant also requested a copy of the franchise to be mailed to h�m. He thanked the Council for the�r time and Councilman Schnelder for h�s advise. Councilman Schneider advised Mr. Bryant that someone from the Cable Television Commission would be tn contact with him. OLD BUSINESS SPECIAL USE PERMIT. SP #79- � MOTION by Councilman Fitzpatrick to concur wtth the recommendation of the Planning Comm�ssion and grant Special Use Perm�t i;79-06, confirm�ng the discussions of one and two weeks ago. Seconded by Councilwoman Moses Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously TION OF SECOND READING OF ORDINANCE TO AMEN� CITY CODE OF CITY OF or�nniTnir_ �nn u�a_m Tuc i TrT cvT nn�n Rrvr Tn�r . CONSIDERATION OF SPECIAL USE PERMIT, SP #79-03 (6319 NIGHWAY NO 65) MOTION by Councilman Schneider to waive the second reading of this ordinance and adopt it on the second reading and publtsh Seconded by Councilwoman Moses. Counctlman Schneider questioned �f the stioulations had been agreed upon by the petitioner. Mr. Sobiech, Public Works Director, stated the C�ty has not received a signed statet�ient from Mr. Nolmer agreeing to the stipulations. Councilman Schetder felt there should be a firm commitment regarding the stipu- ations, before action is taken on the rezoning and special use permit MOTION by Councilman Schneider to table the second reading of this ordinance for the rezoning and table the request for the special use permit, until the � admim stration receives a statement from the petitioner for execution of these sttpulations. Seconded by Counctlwoman Moses. Upon a vo�ce vote, all vot�ng aye, h1ayor Nee declared the motion carried unanimously. ORDINANCE N0. 694 UNDER SECTION 12.07 OF THE CITY CHARTER TO VACATE STREETS ANf1 AI I FYC _ KATNRYN f,FRARfI_ CAl! #7A-�1 AI I FY RFTWFFN 4RTH ANII 49TN AVFNIIFS , MOTION by Councilman Fitzpatrick to waive the second reading of Ordtnance No. 694 and adopt it on the second reading and publish Seconded by Councilman Schne�der. Upon a voice vote, all voting aye, Mayor IVee declared the mot�on carried unaniinously. NEW BUSINESS: RECEIVING THE PLANNING COMMISSION MINUTES OF JUNE 20. 1979• APPEALS COMP9ISSION MINUTES OF JUNE 12, 1979• BUIL�ING SETBACK AND REDUCE PARKING FOR OFFICE BUILDING 5701 UNIVERSIT No action taken on th�s item as it is to be considered at the time of the rezomng. Mr. So6iech, Public Works Dlrector, stated this ts a request far a variance to allow off-street parking at a residence at 5614 4th Street. He explained the property has been sold and FHA requires on-site parking be provtded. Mr. Sobiech stated there was a vacation proceeding in 1964 and by th�s vacatton, access to the rear of the properiy was eliminated. The Appeals Commission has recommended approval of this variance request. REGULAR i4EETIfVG OF JULY 9, 1979 PAGE 3 MOTION by Councilwoman f4oses to concur with the reccrimendat�on of the Appeals Cor���tssion and grant the variar�ce to alloa� off-street park�ng in the front Yard of a s�ngle fam�ly dwelling in an R-3 zone at 5614 4th Street. Seconded by Councilman Schne�der. Upon a vo�ce vote, all voting aye, Mayor Nee declared the motion carried una m mously. MOTION by Councilman Fitzpatr�ck to rece�ve the minutes of the Planning Commission Meeting of �une 20, 1979. Seconded by Councilwoman Moses. Upon a voice vote, a1i vot�ng aye, Mayor Nee declared the motion carried unanimously CONSIDERATION OF FIRST READIPJG OF AN ORDIiJANCE ESTABLISHIPdG fdE6J CHAPTER 107 OF ENTITLED FIRE DEPARTP1ENT: MOTION by Councilman Fitzpatrick to waive the read�ng and approve the ordinance upon f�rst reading. Seconded 6y Councilman Barnette. Upon a voice vote, all voting aye, Mayor fJee declared the motion carried unanimously. IVING PETITIOfJ N0. 9-1979 REOUESTING IMPROVEMFNT OF GLENCDE S MOTION by Counc77man Barnette to receive Petition No. 9-1979. Seconded by Councilman Fitzpatrick. Upon a vo�ce vote, all voting aye, Mayor Nee declared the mot�on carried una m mously. Mr. Quresh�, City Manager, stated the staff has had meetings with the neigh- 6orhood regarding their problem and they have also met with personnel tn the Crime Prevention Department He stated a comment was made to the Counc�l to close off the access onto East River Road from Glencoe to lessen the traffic. Mr. Quresht felt, if the Counc�l wished to proceed in thts direction, they should look �nto a more comprehensive approach regarding traffic patterns for the entire area. He stated because of the lay out of the roadways, it is going to be extremely difficult to rm m mize traffi c on all streets because they are essentially used by local traffic. � Councilwoman Moses questioned the proposal for the cul-de-sac. Mr. Qureshi ' stated this was from the petttioners, but he felt the Safety Department would act contrary to this because of getting emergency veh�cles in and out of the area. Mr. Sob�ech, Public Works Director, felt there probably should be a hearing to discuss the var�ous pros and cons Councilman Barnette felt they owe the residents something and an opportunity to be heard. Mayor Nee felt it would prohably be 6est to begin with the Community Develop- ment Commission to review th�s matter. MOTION by Counc�lman Fitzpatrick to refer this matter to the staff for a report. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. APPROVAL OF JOINT PURCHASE AGREEMENT WITH COLUPI6IA HEIGHTS FIRE DEPARTMENT AND SPRING LAKE PARK FIRE �EPARTMENT IN CO-OPERATION FOR AN AIR COMPRESSOR: Councilman Schneider questioned if there were funds available for the purchase of this equipment. Mr. Quresht, City Manager, stated it was not expressly budgeted in the 1979 budget, but they do have several options where the money could be used for ' this purpose. He stated, �f the Council wished to approve this purchase, staff would come back with further informat�on for financing. MOTION by Counc�lman Schneider to enter into the ,7oint powers agreement for the purchase of an air compressor and other related equtpment. Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. � REGULAR MEETING OF JULY 9, 1979 L LAWCON PAGE 4 ' Mr. Sobiech, Public Works Director, stated the total cosi of the Community Park pro,7ect, as submitted in the grant, was $277,500. He stated the City has received verbal approval from the Federal Government for this grant and has received 5tate approval of the grant. P9r Sobiech stated the Federal Government would pay for 50% of the costs with the State and City each con- tributing 25% of the cost, making the City's share, $69,375 Councilwoman Moses questioned if the agreements were approved this evening, if the letter would then be forwarded to Mr. Schroer regarding the City's offer for the land. Mr. Sobiech stated the letter would be fon,varded to Mr. Schroer, but felt it should come from eiiher the Mayor or C�ty Manager, as the draft of thr-. letter is shown as being sent by the Public Works Director. Mayor Nee pointed out that the C�ty's portion of the grant was budgeted and, at this point, if there are any reservations on the part of the Counc�l to develop the land in the was admi mstration proposes, it should be discussed. Mayor Nee indicated he had no reservations and Councilman Fitzpatrick indicated he had no reservat�ons, 7f the City can obtain the grant and can acqu�re the land at the price offered to Mr. Schroer. MOTIQN by Councilman Barnette to author�ze the Mayor and City Manager to execute these agreements for the grant. Seconded by Counc�lwoman Moses Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Councilman Fitzpatrick stated s�nce the letter includes an offer to purchase the land, he questioned if the funds didn't come through, what the obligation of the City would be. � Mr. Herrick stated if the City gets to a potnt of signing a purchase agreement, they would lose the earnest money. He felt if there �s any quest}on whether the State and Federal grant money is available, nerhaps the letter shouldn't be sent unt�l something is received �n writing or the City is given some assurances that the funds are ava�lable. Mr. Sobiech stated they have approval and agreement from the State, but as far as Federal approval, it has only been verbal from the Federal office. Mr. Herrick felt the letter could contain a paragraph to the effect that this offer is contingent upon rece�pt of funds from the Federal government to which the City has received oral ava�lability, but doesn't have in writing. MOTION by Councilman Fitzpatrick to submit the letter to Mr. Schroer regarding the offer for purchase of his property, to be executed by the City Manager, and to contain another paragraph to the effect that the offer is contingent upon receipt of funds from the Federal government to which the City has received oral availability, but doesn't have in writing. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. APPOINTMENT - CITY ENIPLOYEE ��10TION by Councilman Fitzpatrick to concur �vith the appo�ntment by the City D7anager. Seconded 6y Councilman Schneider. Upon a voice vote, all � voting aye, Mayor fVee declared the motion carr�ed unanimously. iVAf�PoE POSITION SALARY EFFFCTIVE DATE REPLACES Sally J. Demarais Of-fice /lssistant �712 July 2, 1979 Mary Kuhn 1669 68th Avenue N.E. Police Department per Fridley, MN 55432 month ""' REGUL�R COUNCIL MEETING OF JULY 9, 1979 � PAGE 5 COfJSIDERATIOfd OF JAYCEE REQUEST FOR COMMONS PARK AND REQUEST FOR LICENSE FOR BEER AND FOOD: MOTION by Councilman Schneider to approve the request of the Fr�dley Jaycees �n con�unction with the Women's BB State Softball Tournament, as outlined in their ietter of June 18, 1979 from Neai J. Jenewein. Seconded by Councilwoman Moses. Upon a voice vote, all vot�ng aye, Mayor Nee declared the motion carried unanimously. LICENSES. MOTION by Councilman Fitzpatrick to approve the licenses as submitted and as on ftle in the License Clerk's office Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously CLAIMS• MOTION by Counc�lwoman Moses to approve payments of Claims No. 160E12 through 183W06. Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unan�mously. ESTIMATES: MOTION by Councilman Fitzpatrtck to approve the estimates as submitted. Smith, Juster, Feikema 1250 Builders Exchange Bldg. Minneapol�s, MN 55402 For Legal Services rendered as Prosecutor Halvorson Construction 4227 - 165th Avenue N.E. Wyomtng, MN 55092 Partial Estimate "6 - Concrete curb and gutter contract Comstock and Dav�s, Inc. 1446 County Road "J" Minneapolis, MN 55432 Partial Estimate No. 1- Consulting Services for S & W Pro,7ect #127 Association of Metropolitan Municipalities 30D Hanover Buildin9 480 Cedar Street St. Paul, MN 55101 Membership dues for the year ISLANDS DF PEfiCE PROJECT (to be paid out of interest money) Frtdley Our Own Hardware 214 Mississippi St. N.E. Fridley, MN 55430 Screws and Fast�ners Ciethel Marine 21155 Highway 65 N E. Cedar, MN 55001 Life �ackets (6) Hat (1) Less 20% discount Minnegasco 714 2nd Avenue. So. Minneapolis, 61N 55402 $2,560.00 $8,565.OQ $7,079.72 $3,023.00 $ 18.90 $ 53,70 5,95 -11,93 47,72 Gas Service 99.69 I�i ; , ' � � ' REGULAR MEETIfdG OF JULY 9, 1979 Ed Wilmes 23707 University Avenue N.E. Bethel, MN 55005 Gasoline and auto expenses TOTAL FOR ISLANDS OF PEACE ,�� PAGE 6 ' `' 38.95 $ 205 26 Seconded by Counc�lman Schneider. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried una m mously. COMMUNICATIONS: PQPNAM, HAIK, SCHN08RI�}{, KAUFAMN & DOTY, LTD. - GLAIM AGAINST I PEACE FOUNDATION: MOTION by Councilman Fitzpatrick to recetve the commum cation dated June 8, 1979 from Frederick Brown, with the above law firm, regarding the claim by the American Improvement Corporation against the Islands of Peace Foundation Seconded by Councilwoman Moses. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Qureshi, City Manager, stated this work done by the American Improvement Corporatton was not authorized by the City, but by the Islands of Peace Foundation and stated that some of the cost for this improvement has been pa�d. Mr. Herr�ck, City Attorney, stated if the facts are developed that the City did not authorize the work, the City probably wouldn't be held liable. He felt, if this matter went to litigatton, the City would have a good chance of prevailing. He questtoned, however, if there was any moral obligat�on on the Ctty's part to pay a portion of the claim or come to some compromtse Mr. 6runsell, City Clerk, pointed out that there �s some interest money that possibly could be used for this purpose. Counctlman Barnette felt the C�ty should deal with the Foundation's Treasurer, Mr. Lan�enfeld, to obtatn information from them regarding the claim Mayor Nee felt thts matter should be referred to the Islands of Peace for a proposal from them on how thts should 6e handled. MOTION by Councilman Fitzpatrick to direct the administration to contact the Islands of Peace regard�ng this claim and for the Islands of Peace to come back with a proposal. Seconded by Councilwoman Pioses. Upon a voice vote, all voting aye, Mayor Nee declared the mot�on carried unanimously. NEDEGAARD CONSTRUCTION COMPANY INC.: APPROVAL TO BUILD NEW HOUSE ON A 40 FOOT LOT AT 4526 - 2ND STREET• MOTION 6y Counctlman Fitzpatrick to receive the commu m cation from Bruce Nedegaard dated June 25, i979 Seconded by Councilman Barnette. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously. Mr. Nerrick, City Attorney, pointed out that the trial with Hedlund regarding 40 foot lots ts scheduled for July 26 or 27 and felt the City should maintain their present position until after this tr�al. Councilman Fitzpatrick felt the Council does have the recornmendation from the Ctty Attorney not to act before the case coming to trial is disposed of, however, he indicated he didn't feel the extra two feet would change anything. VING LETTER FROM BOB BRYANT. 5421 7TH STREET RE: COMPLAINT A MOTION by GouncilmanSchneider to receive the letter form Mr. 6ob Bryant and refer lt to the Cable Television Commission. Seconded by Gouncilman F�tzpatrlck. Upon a voice vote, all vottng aye, Mayor Nee declared the mot�on carried unanimously. REGULAR MEETING OF JULY 9, 1979 ADJOURNME PAGE 7 MOTION by Councilman Barnette to ad�ourn the meeting. Seconded by Councilman Fitzpatrick. Upon a voice vote, all voting aye, Mayor Nee declared the motion carried unanimously and the Regular Meeting of the Fridley City Council of July 9, 1979 ad�ourned at 9 p.m. Respectfully submitted, � � �. � �/r,�,,�, �{-_ �,�p.x,,.�.e-a Carole Haddad Secy. to the City Council Approved: 7/23/79 ���� W711iam J. Mayor Nee // � , � � , '�